Florida Contract Disputes – Common Issues

Contract disputes are among the most frequent and costly legal challenges faced by Florida individuals and businesses. They can occur anywhere—from real estate deals to service agreements, employment, and partnerships. At the Law Offices of Adam G. Hill, our attorneys provide strategic, results-driven solutions for contract disputes, guiding clients through every stage with knowledge of Florida law.

What Is a Contract Dispute?

A contract dispute arises when one or more parties fail to fulfill obligations under a written, oral, or implied agreement. In Florida, a valid contract requires offer, acceptance, consideration, and clear terms. When a breach occurs—whether by nonperformance, payment issues, or misrepresentation—legal remedies may be available to enforce rights or recover damages (The Florida Bar).

Common Issues in Florida Contract Disputes

  • Failure to Perform: Not delivering goods, services, or payments as promised.
  • Ambiguous Terms: Vague or incomplete wording leads to confusion or litigation.
  • Statute of Frauds Violations: Certain contracts must be written/signed to be enforceable (Fla. Stat. § 725.01).
  • Unfulfilled Warranties or Representations: Breaches related to promised quality or character of goods/services.
  • Nonpayment or Late Payment: One party does not remit payment per contract terms.
  • Failure to Meet Quality Standards: Services or goods provided do not meet contractual standards.
  • Breach of Confidentiality or Restrictive Covenants: Unauthorized sharing of private or sensitive business information, or violating non-compete clauses.
  • Unlicensed Contracting: In fields requiring licensure, contracts with unlicensed parties may be unenforceable (Fla. Stat. § 489.128).
  • Missed Deadlines or Delays: Time is often of the essence in Florida contracts—missed deadlines can trigger damages claims.
  • Liquidated Damages: Pre-agreed penalties in contracts are enforceable in many cases.
  • Failure to Pay Before Litigation Begins: Not meeting preliminary payment requirements can forfeit defenses.

Time Limits and Legal Remedies

Statute of Limitations:

Available Remedies Include:

  • Compensatory Damages: Compensation for direct losses from the breach.
  • Liquidated Damages: Amounts stated in the contract for specific breaches.
  • Specific Performance: Court order requiring a party to fulfill contractual obligations.
  • Punitive Damages: In rare cases involving fraud or willful misconduct (Fla. Stat § 768.72).

Legal options may also include negotiation, mediation, arbitration, or formal litigation, depending on the dispute and contract terms (The Florida Bar).

Frequently Asked Questions

What must be proved in a Florida breach of contract lawsuit?
Plaintiffs must show a valid contract existed, the other party materially breached its terms, and damages resulted from the breach (The Florida Bar).

Does a contract have to be in writing to be enforceable?
Certain contracts under the Statute of Frauds must be written (real estate, contracts not performed within one year, etc.), per Fla. Stat. § 725.01.

What happens if my contract has ambiguous language?
Florida courts use evidence of intent and interpret ambiguities against the drafter. Severe ambiguity may render a contract unenforceable ([Universal Underwriters Ins. Co. v. Steve Hull Chevrolet, Inc.]).

What is the deadline for suing for breach of contract?
Five years for written contracts, four years for oral agreements, per Fla. Stat. § 95.11.

Can parties resolve contract disputes without litigation?
Yes; negotiation, mediation, or arbitration can resolve many disputes quickly and confidentially. Many Florida contracts require ADR before litigation (The Florida Bar).

Are contract disputes limited to businesses?
No; individuals, real estate sellers and buyers, and contractors also have contract claims under Florida law.

What damages are available for breach of contract?
Types of damages include direct losses, consequential damages, liquidated damages, and, rarely, punitive damages (Fla. Stat § 768.72).

What should I do if served with a breach of contract lawsuit in Florida?
Respond promptly and seek legal advice to avoid default and maximize potential defenses and settlement opportunities (The Florida Bar).

Contact Law Offices of Adam G. Hill

Facing a contract dispute in Florida? Need help drafting, reviewing, or enforcing a business or personal agreement? Contact the Law Offices of Adam G. Hill for experienced, strategic guidance. Our attorneys help protect your interests, resolve disputes, and secure the remedies the law provides. Call us for a free, confidential consultation or send us a message through our Contact page and we will get in touch with you to discuss your case.